In re N.N., ___ N.C. App. ___ (October 15, 2024)

Held: 
Affirmed in Part; Vacated in Part; and Remanded
  • Facts: Father filed his notice of appeal of an adjudication and initial disposition order thirty-one days after entry of the order. Father later filed a petition for writ of certiorari seeking review of the order.
  • Notice of appeal of an adjudication and disposition order entered under Subchapter I of the Juvenile Code must be filed within thirty days pursuant to Appellate Rule 3. Appellate Rule 27 extends the deadline until the end of the next business day when that deadline falls on a weekend or legal holiday that the courthouse is closed.
    • Author’s Note: The opinion references Appellate Rule 3; however, appeals of abuse, neglect, and dependency orders are governed by G.S. 7B-1001 and Appellate Rule 3.1. The thirty-day period is the same as that in Appellate Rule 3.
  • Father’s notice of appeal was timely filed. The order was entered October 27, 2023, whereby the thirtieth day thereafter was November 26, 2023 – a Sunday. Under Rule 27, the deadline was extended to Monday, November 27, 2023, the thirty-first day following entry of the order and the date Father filed the notice. The court therefore dismissed Father’s PWC as moot.
Category:
Abuse, Neglect, Dependency
Stage:
Appeal
Topic:
Tags:
Click on a term below for additional case summaries tagged with the same term.
Notice of appeal
Appellate Rule 27